Appellate Division, First Department · October 22, 2026 · 2026 NY Slip Op 06198
Desai v Ninety Five Wall St. LLC
Read the official decision: 2026 NY Slip Op 06198
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Holding The court held that lease provisions attempting to circumvent a landlord’s statutory duty to mitigate damages are void as contrary to public policy. Consequently, such provisions constitute a breach of the implied covenant of good faith and fair dealing.
The court’s words
Any provision in a lease that exempts a landlord's duty to mitigate damages under this section shall be void as contrary to public policy.
2026 NY Slip Op 06198, at the official text
a promise not to charge amounts barred by Real Property Law § 227-e is among those promises
2026 NY Slip Op 06198, at the official text
a lease provision that circumvents a statutory duty should be deemed void both under the statute and as a matter of public policy
2026 NY Slip Op 06198, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 22, 2026 |
| Citation | 2026 NY Slip Op 06198 |
| Area of law | Real Property |
| Week | Week ending October 24, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06198 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1447 |
Recommended citation
ESQ HQ, New York Law Watch, Desai v Ninety Five Wall St. LLC, 2026 NY Slip Op 06198 (Appellate Division, First Department, October 22, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06198/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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